Madhya Pradesh High Court
M/S Shiva Industries The. vs The Collector on 2 December, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 WP 10942-2020
THE HIGH COURT OF MADHYA PRADESH
WP 10942-2020
(M/s. Shiva Industries, Guna Vs. The Collector & anr.)
Gwalior Dt. 02.12.2020
Shri Mukesh Agarwal, learned counsel for the petitioner.
Ms. Shikha Dubey, learned counsel for the respondent No.2.
Learned counsel for the rival parties are heard through video conferencing.
Challenge in this petition is to the order daed 06.07.2020 passed by respondent No.1/District Magistrate Guna vide Annexure P/2 exercising its power u/S. 14 of SARFAESI Act.
Learned counsel for the petitioner reveals that Securitisation Application bearing No.212/19 has already been filed assailing section 13 (4) notice issued by the respondent/Bank which is pending consideration before Jabalpur Bench of DRT.
This case was entertained by the Coordinate Bench of this Court and interim order was granted since Bench at Jabalpur of DRT was non-functional.
Learned counel for the respondent/Bank informs that jurisdiction of Madhya Pradesh matters is temporarily vested with the Cuttack Bench of DRT.
Learned counsel for the petitioner submits that only urgent matters are being taken up at Cuttack Bench.
Since urgency is involved as expressed by learned counsel for 2 WP 10942-2020 petitioner, we have no manner of doubt that Cuttack Bench would entertain the said prayer of pettioner which can very well be made by moving an appropriate application.
It is not disputed by learned counsel for the rival parties that physical filing of cases, pleadings etc. are taking place at Jabalpur Bench of DRT.
In view of the above situation, it would be appropriate that instead of invoking writ jurisdiction of this Court petitioner avails remedy before Cuttack Bench of DRT.
Petitioner is free to move an appropriate application for amendment in Securitisation Application which if moved within a period of 15 days, shall be considered in accordance with law by the Cuttack Bench of DRT.
Accordingly, this petition stands disposed of without entering into merits leaving it for the Cuttack Bench of DRT to adjudicate the issue involved herein.
Interim protection gratned by this Court by order dated 10.08.2020 which is continuing to subsist till date shall continue till Cuttack Bench of DRT takes its independent decision provided the petitioner approaches the Cuttack Bench of DRT within 30 days, failing which interim order passed today shall stand vacated.
It is made clear that this Court has not expressed any opinion 3 WP 10942-2020 on mertis and Cuttack Bench of DRT is free to decide the matter in accordance with law.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
ojha
YOGENDRA
OJHA
2020.12.04
12:48:15
+05'30'